HomeMy WebLinkAbout020273 RES - 04/12/1988A RESOLUTION
AUTHORIZING THE ACQUISITION OF PARCELS 1 AND 3 IN CONNECTION
WITH THE RELOCATION OF FIRE STATION NUMBER 1; APPROPRIATING
$519,587 FROM THE 531 PUBLIC HEALTH AND SAFETY BOND FUND.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. That the City Manager is hereby authorized to execute the
documents necessary for the acquisition of Parcels 1 and 3 in connection with
the relocation of Fire Station Number 1, substantial copies of which documents
are attached hereto as Exhibits A and B.
SECTION 2. There is hereby appropriated $519,587 from the 531 Public
Health and Safety Bond Fund for said acquisition.
ATTEST:
City Secretary
APPROVED: 7744 DAY OF 400/ , 1988'
HAL GEORGE, CITY ATTORNEY
206RP031.res
AYOR
THE CITY OF CORPUS CHRISTI, TEXAS
20273 MICROFILMED
CITY OF CORPUS CHRISTI, TEXAS
CERTIFICATION OF FUNDS
(City Charter Article IV Section 21)
I certify to the City Council that $ 519,587.00
April 12, 1988
, the amount required
for the contract, agreement, obligation or expenditures contemplated in the
above and foregoing ordinance is in the Treasury of the City of Corpus Christi
to the credit of:
Fund No. and Name 531 Public Health and Safety Bond Fund
Project No.
531-86-5.1
Project Name
Relocation of Fire Station Number 1
from which it is proposed to be drawn, and such money is not appropriated for
any other purpose.•
Parcel 1
$427,500
$ 200
Acquisition
Closing Costs
Parcel 3
$ 90,000 Acquisition
$ 890 Closing Costs
997 Appraisal Serv.
FIN 2-55
Revised 7/31/69
$427,700
$ 90,890
$ 997
$519,587
3, % �L6`"/?2
y/i/
ect• of Finance
19 82
City of Corpus Christi, Texas
Property and Land Acquisition Division
REAL ESTATE SALES CONTRACT
THE STATE OF TEXAS
KNOW ALL BY THESE PRESENTS:
COUNTY OF NUECES §
This memorandum of agreement made and entered into by
and between COASTAL BEND ALCOHOLISM REHABILITATION CENTER,
INC., hereinafter called SELLER, of the County of NUECES,
State of TEXAS, and the CITY OF CORPUS CHRISTI, hereinafter
called BUYER, of the County of Nueces, State of Texas,
WITNESSETH:
1. The SELLER, for the consideration and upon the
terms hereinafter set out, hereby agrees to sell and convey
unto BUYER, and BUYER agrees to buy the following described
property situated in Nueces County, Texas, to -wit:
Lot One [1], Block Thirty-six [36], Beach Portion
to the City of Corpus Christi, Nueces County,
Texas, according to Map or Plat recorded in Volume
A, Page 3, Map Records of Nueces County, Texas.
"Real Estate Sales Contract"
FIRE STATION NO. 1
Parcel 3 [Coastal Bend Alcoh. Rehabil Ctr.]
Page 1 of 6
2. The purchase price is Ninety thousand Dollars and
no cents [$90,000.00].
3. The SELLER shall provide at the expense of BUYER, a
title insurance policy, without exceptions to said title
being made in said title policy, which policy shall wholly
insure and indemnify the BUYER against any title defects or
adverse claims thereto. Said title insurance policy shall
be issued through a reliable title insurance company and
shall be delivered to the BUYER on the date of the closing
of this transaction.
4. Upon the securing of the title insurance policy
provided for herein, SELLER agrees to deliver at the expense
of BUYER a good and sufficient general warranty deed drawn
in accordance with the provisions of this contract, properly
conveying said property to said BUYER, and BUYER agrees
thereupon to make the cash payment.
5. All taxes to be paid by SELLER up to and including
the year 1987.
6. All current taxes, if any, are to be prorated
between the BUYER and the SELLER for the year 1988 to date
of closing, except as may be herein otherwise provided.
7. BUYER has this day deposited with the title
insurance company or title guaranty company the sum of
$4,500.00 as earnest money hereunder to be applied on the
cash payment above set out when the transaction is closed,
at which time the balance of cash consideration shall also
be paid. Should the BUYER fail to consummate this contract
as herein specified for any reason, except title defects,
"Real Estate Sales Contract"
FIRE STATION NO. 1
Parcel 3 [Coastal Bend Alcoh. Rehabil. Ctr.]
-2-
the SELLER shall be entitled to receive said cash deposit as
liquidated damages for the breach of this contract, or may
at SELLER'S option, enforce specific performance hereof.
When the executed deed and any other necessary executed
papers and the balance of the cash payment are in possession
of the title insurance company or title guaranty company
said title company will close the transaction in accordance
with its usual and customary procedure. In the event SELLER
fails to tender a deed conveying said property in accordance
with the terms of the contract within the time provided
herein, the BUYER may enforce performance of this contract
by an action for specific performance thereof.
8. The BUYER agrees to accept title subject to all
outstanding restrictive covenants and use restrictions, if
any, of record, and all city zoning and regulatory
ordinances, if any, applicable to said property.
9. It is understood by all parties hereto that this
transaction is to be closed through the title insurance
company or title guaranty company on or before ninety [90]
days from this date. Possession to be given to BUYER upon
execution of the "Warranty Deed" by SELLER.
10. By SELLER'S execution hereof, SELLER acknowledges
that SELLER has read this agreement and understands that
this agreement is not binding on BUYER until properly
authorized by the City Council and executed by the City
Manager of the City of Corpus Christi, Texas. It is further
understood, however, that BUYER must execute this agreement
within sixty [60] days from the date of. SELLER'S execution
or this agreement shall be null. and void and none of the
provisions hereinabove set out will bind either party.
"Real Estate Sales Contract"
FIRE STATION NUMBER 1
Parcel 3 [Coastal Bend Aicoh. Rehabil. Ctr.]
-3-
11. SELLER is to retain the improvements. If said
improvements pass building inspection and can be moved to
another loction, SELLER must comply with all City Codes,
Moving Regulations and City Ordinances. SELLER agrees to
remove s/a(id improvements at SELLER'S expense within or
V • ilet) t(Lt_x__
before yj_.r days after execution of the warranty deed. In the
event that said improvements cannot be moved from the
present location within the prescribed time period, then the
City shall have the right to remove said improvements and
clear the land.
12. SELLER agrees to pay the Real Estate Agent,
W. L. Bates Co., Inc. a commission of (6%) six per-
cent of purchase price for negotiating this trans-
action.
"Real Estate Sales Contract"
FIRE STATION NO. 1
Parcel 3 [Coastal Bend Alcoh. Rehabil Ctr.]
-4-
EXECUTED in triplicate, either copy of which shall
constitute an original.
COASTAL BEND ALCOHOLISM REHABILITATION CENTER, INC.
•c lit r. l'ti t '—�Q �' Q° tiS t 1J (l ill
Dated this day of , 1988.
By:
SELLER
CITY OF CORPUS CHRISTI, TEXAS
City Manager
Dated this day of , 1988.
BUY E R
ATTEST:
ARMAN'DO CHAPA, CITY SECRETARY
City Secretary
APPROVED AS TO LEGAL FORM THIS THE ,25 -ii DAY OF /7249-49e/71 , 1988.
HAL GEORGE, CITY ATTORNEY
By :
Assistant City Att ney
"Real Estate Sales Contract"
FIRE STATION NO. 1
Parcel 3 [Coastal Bend Alcoh. Rehabil. Ctr.]
-5-
THE STATE OF TEXAS §
COUNTY OF NUECES §
This instrument was acknowledged before me on this
L5 day of /72/o,,,,4/_. ., 1988 by
Notary ubli in and for the State of Texas
THE STATE OF TEXAS ¶M[
COUNTY OF NUECES 1111$
This instrument was acknowledged before me on this
day of , 1988 by -
City Manager for the City of Corpus Christi, Texas, a
municipal corporation, on behalf of said municipal
corporation.
Notary Public in and for the State of Texas
[NOTE] [please print,
type or stamp
name & expira-
tion date of
notary public
below EACH
notary]
"Real Estate Sales Contract"
FIRE STATION NO. 1
Parcel 3 [Coastal Bend Alcoh. Rehabil. Ctr.]
Page 6 of 6
City of Corpus Christi, Texas
Property and Land Acquisition Division
REAL E S TAT E SAL E S CONTRACT
THE STATE OF TEXAS
KNOW ALL BY THESE PRESENTS:
COUNTY OF NUECES §
This memorandum of agreement made and entered into by
and between RICHARD L. WOOD, hereinafter called SELLER, of
the County of NUECES, State of TEXAS, and the CITY OF CORPUS
CHRISTI, hereinafter called BUYER, of the County of Nueces,
State of Texas,
WITNESSETH:
1. The SELLER, for the consideration and upon the
terms hereinafter set out, hereby agrees to sell and convey
unto BUYER, and BUYER agrees to buy the following described
property situated in Nueces County, Texas, to -wit:
All of Lots Seven [7], Eight [8], Nine [9], Ten
[10], Eleven [11], and Twelve [12] inclusive,
Block Thirty-six [36], Beach Portion of the City
of Corpus Christi, Nueces County, Texas, as shown
by map or plat thereof, recorded in Volume A, Page
3, Map Records, Nueces County, Texas.
"Real Estate Sales Contract"
FIRE STATION NUMBER 1
Parcel 1 [Wood]
Page 1 of 6
1.4b,-)
2. The purchase price is Four hundred Twenty-seven
thousand Five hundred Dollars and no cents [$427,500.00].
3. The SELLER shall provide at the expense of SELLER,
a title insurance policy, without exceptions to said title
being made in said title policy, which policy shall wholly
insure and indemnify the BUYER against any title defects or
adverse claims thereto. Said title insurance policy shall
be issued through San Jacinto Title Company and shall be
delivered to the BUYER on the date of the closing of this
transaction.
4. Upon the securing of the title insurance policy
provided for herein, SELLER agrees to deliver at the expense
of BUYER a good and sufficient general warranty deed drawn
in accordance with the provisions of this contract, properly
conveying said property to said BUYER, and BUYER agrees
thereupon to make the cash payment.
5. All taxes to be paid by SELLER up to and including
the year 1987.
6. All current taxes, if any, are to be prorated
between the BUYER and the SELLER for the year 1988 to date
of closing, except as may be herein otherwise provided:
7. BUYER has this day deposited with the title
insurance company or title guaranty company the sum of
$10,000.00 as earnest money hereunder to be applied on the
cash payment above set out when the transaction is closed,
at which time the balance of cash consideration shall also
be paid. Should the BUYER fail to consummate this contract
as herein specified for any reason, except title defects,
"Real Estate Sales Contract"
FIRE STATION NUMBER 1
Parcel 1 [Wood]
-2-
the SELLER shall be entitled to receive said cash deposit as
liquidated damages for the breach of this contract, or may
at SELLER'S option, enforce specific performance hereof.
When the executed deed and any other necessary executed
papers and the balance of the cash payment are in possession
of the title insurance company or title guaranty company
said title company will close the transaction in accordance
with its usual and customary procedure. In the event SELLER
fails to tender a deed conveying said property in accordance
with the terms of the contract within the time provided
herein, the BUYER may enforce performance of this contract
by an action for specific performance thereof.
8. The BUYER agrees to accept title subject to all
outstanding restrictive covenants and use restrictions, if
any, of record, and all city zoning and regulatory
ordinances, if any, applicable to said property.
9. It is understood by all parties hereto that this
transaction is to be closed through the title insurance
company or title guaranty company on or before ninety [90]
days from this date. Possession to be given to BUYER upon
execution of the "Warranty Deed" by SELLER.
10. By SELLER'S execution hereof, SELLER acknowledges
that SELLER has read this agreement and understands that
this agreement is not binding on BUYER until properly
authorized by the City Council and executed by the City
Manager of the City of Corpus Christi, Texas. It is further
understood, however, that BUYER must execute this agreement
within sixty [60] days from the date of SELLER'S execution
or this agreement shall be null and void and none of the
provisions hereinabove set out will bind either party.
"Real Estate Sales Contract"
FIRE STATION NUMBER 1
Parcel 1 [Wood]
-3-
11. SELLER agrees to pay the Real Estate Agent, W. L.
Bates Co., Inc. a commission of [6%] six percent of purchase
price for negotiating this transaction.
"Real Estate Sales Contract"
FIRE STATION NUMBER 1
Parcel 1 [Wood]
—4—
EXECUTED in triplicate, either copy of which shall
constitute an original.
Dated this
By:
Ri hard L. Wood
�
day of
Iiref , 1988.
S ELL E R
CITY OF CORPUS CHRISTI, TEXAS
Dated this
Juan Garza
City Manager
day of , 1988.
BUY E R
ATTEST:
ARMANDO CHAPA, CITY SECRETARY
City Secretary
APPROVED AS TO LEGAL FORM THIS THE -2574;4 DAY OF 7 7,, /'(/7/
By:
HAL GEORGE, CITY ATTORNEY
Assistant City t torney
"Real Estate Sales Contract"
FIRE STATION NUMBER 1
Parcel 1 [Wood]
-5-
, 1988.
THE STATE OF TEXAS §
COUNTY OF NUECES §
This instrument was acknowledged before me on this
„2._-_W day of ,� , , 1988 by Richard L. Wood.
Notary Public i and for the State of Texas
THE STATE OF TEXAS ¶1[1F
COUNTY OF NUECES ¶M[
This instrument was acknowledged before me on this
day of , 1988 by Juan Garza, City
Manager for the City of Corpus Christi, Texas, a municipal
corporation, on behalf of said municipal corporation.
Notary Public in and for the State of Texas
[NOTE] [please print,
type or stamp
name & expira-
tion date of
notary public
below EACH
notary]
"Real Estate Sales Contract"
FIRE STATION NUMBER 1
Parcel 1 [Wood]
Page 6 of 6
The above resolution
Betty N. Turner
David Berlanga, Sr.
Leo Guerrero
Clif Moss
Bill Pruet
Mary Rhodes
Frank Schwing, Jr.
Mary Pat Slavik
Linda Strong
99.066.01
Corpus Christi, Texas
/%27141 day of
the following vote:
•
20273
, 198b